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Family Law

If you start a divorce or are served papers, every action you do after can have a long-lasting effect on the results. Letting emotions rule over reason in a divorce case is never a good idea. That's one reason why people hire family law attorneys so they have a neutral party who knows the laws and can explain options. I want to share with you some advice that anyone undergoing a divorce needs to follow to avoid making a serious mistake.

Whether you just went through a divorce or are trying to get an unsupportive parent to provide financial stability for your child(ren), experienced family attorney Gustavo E. Frances understands the stress that such situations can put on you. He can help you get the child support you need, or assist in getting your current child support agreement modified. Whatever your needs, Frances is here for you.

The types of divorce that are available to couples are greater than you might imagine. Another option was added this year in the form of collaborative divorce. A number of states recognize this form of ending a marriage. For some couples, collaborative divorce offers a much better way to end a marriage than the traditional process.

The state of Florida is a no-fault divorce state, allowing one party to request a divorce without having to prove the “fault” of the other party. Because of this no-fault standing, divorces can be a bit more amicable. Still, stressful factors such as financial, children, and irreconcilable differences will keep emotions running high during the divorce proceedings—and even longer after. To help you with this process, you need an experienced family lawyer, one who is compassionate and attentive to your case and needs. Gustavo E. Frances, P.A. has experience in divorce cases and is ready to help you with yours.

According to the National Coalition Against Domestic Violence, domestic violence is the “willful intimidation, physical assault, battery, sexual assault, and/other other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.”

Florida state law allows for a simplified divorce procedure. This type of divorce was created so that attorneys would not need to get involved, but it is still a good idea to have one; a qualified family law attorney can make sure you fill out all necessary forms with the correct information. Benefits of a simplified dissolution include saving money and avoiding the general emotional stress of a regular dissolution.

There are a variety of reasons that paternity needs to be established through the courts. If a mother is seeking child support, she must prove in courts that the man is the father’s child. Sometimes the father wishes to have some legal guardianship of the child or be allowed visitation rights. This also needs to be proven in the courts. No matter your case, Gustavo E. Frances, P.A. can help.

At the time of this writing, there is a bill working its way through the legislature to overhaul alimony in the state of Florida. The bill has already passed the Senate and House and now awaits the governor's signature. major overhaul to the alimony process. The governor has until April19th to decide whether to sign or veto the bill.

Sometimes, divorces are not as final as parties wish them to be, especially when a divorced couple has children. In many cases, a divorced couple has to go back to court to resolve issues with child custody, child support, alimony, changes in income, and more.

Divorce cases are generally highly emotional, causing a lot of stress, anger, and sadness for all parties. When children are involved, the cases can be even more of a powder keg. Compassionate and understanding, Gustavo E. Frances has experience in dealing with these types of cases, and knows that it can be a financial burden for one or both parties.

Florida's rules on who gets time with a child are very different compared to other states. Several years ago, Florida abolished the legal definition of child custody and replaced it with time-sharing in 2010. Time-sharing means that the court believes both parents must spend time with the child. Parents must co-operate in raising children even after a divorce, and merely paying child support is not enough. Time-sharing is separate from child support, though time-sharing does factor into the amount of child support the court awards.

In cases involving the super-rich, there are tactics like off-shore accounts that can be used to hide money from the courts. Businesses can also be used to sock away assets where the court can't reach them. There are quite a number of financial tricks. All too often what happens is that one of the spouses was completely responsible for the business and the other doesn't have access to the records or any idea of whether or not the records they receive are complete. There are professionals that are trained to break through problems like these and sniff out accounting problems. They are called forensic accountants.